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22 Jun

Reply to the Notice to Explain Should be Made at Least Five Calendar Days from Receipt of NTE

Reply to the NTE of the employee can be submitted by the employee being charged at least five calendar days from his receipt of the notice. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Cite the Labor Code provisions with accuracy under the re-numbered version pursuant to R.A. 10151 and DOLE Dept. Advisory 01, Series of 2015. Now available Labor Code 2017 by Atty. Villanueva. The law mandates that every opportunity and assistance must [...]

By Atty Elvin Labor Law Reply to NTE 44 Comments Read more...

21 Jun

Notices to Explain Should Contain Specific Allegations

Notices to Explain required in employee dismissal should contain specific allegations of the offense being charged, among other requirements of the law. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition In the case of King of Kings Transport, Inc. vs. Mamac, the Court said that the first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given [...]

By Atty Elvin Labor Law Notice to Explain 8 Comments Read more...

19 Jun

Muslim Holiday Rules also Apply to Non-Muslim Employees

Muslim holidays are among those religious occasions observed in the country. Many argued that if these are classified as regular holidays the pay should not apply to non-muslim employees. The post below is based on the book Guide on Employee Compensation and Benefits Volume 1 (pp. 153-154) Republic Act No. 9177 amended Section 26, Chapter 7 of Executive Order no. 292, otherwise known as the “Revised Administrative Code of 1987.” Eidul Fitr was added to the list of Regular Holidays and [...]

By Atty Elvin Labor Law Muslim holidays 21 Comments Read more...

16 Jun

Notices Required in Employee Dismissal

Notices served on employees are required to dismiss employees. There are two notices needed to be served. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 61-62): The first notice prior to dismissal based on just cause is known as the notice to explain or NTE as HR practitioners put it. Some call it show-cause memo or SCM. Others refer to it as show-cause order. Whatever terminology may be used to call it, the essence is [...]

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15 Jun

Procedural Due Process Cannot be Replaced by Insufficient Notices and Procedures

Procedural due process in employee dismissal should be strictly observed. Other forms of notices intended for a different purpose and procedures cannot take the place of the mandatory requirement. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 60-62) For instance, in the following cases, the Supreme Court held that they are insufficient to comply with the procedural requirements: Preventive suspension and investigation do not replace the two-notice requirement of due process. Such defect cannot [...]

By Atty Elvin Labor Law procedural due process 17 Comments Read more...

13 Jun

Dismissal Requires Observance of Due Process and Applies Even to Those Who Have Limited Security of Tenure

Dismissal is a crucial decision that affects both the employer and the employee. On the part of the latter, it impacts on his livelihood. Hence, procedural due process is required to be observed to prepare the individual on the eventual separation. The requirement of due process is not limited to regular employees. It also applies to all forms of employment that are not permanent in nature such as seasonal, project, casual, etc. Seasonal employees unlike the regular workers do not enjoy [...]

By Atty Elvin Labor Law dismissal, procedural due process 21 Comments Read more...

11 Jun

Disease as Ground for Termination; Procedure for Fixed-Term and Project

Disease is one of the grounds for termination of employee. When such disease is prejudicial to the health of the employee or his co-employees it can be an authorized cause to end employment relationship. What is the procedure to terminate employee due to disease? The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (page 57). Procedural due process for termination due to disease For termination on the ground of disease, Article 284 provides that: “Art. 284. Disease [...]

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10 Jun

Termination Due to Authorized Cause Requires Observance of Procedural Due Process

Termination due to authorized cause under Article 299 of the Labor Code, as amended requires compliance by employer of the procedural due process. It used to be Article 284 prior to re-numbering of the Labor Code per R.A. 10151. Re-Numbered Labor Code per DOLE Department Advisory 01, Series of 2015 The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 56-57). For termination based on authorized causes, that is, retrenchment, redundancy, etc., under Article 283, the [...]

By Atty Elvin Labor Law Authorized Cause, procedural due process 19 Comments Read more...

09 Jun

Procedural Due Process if not Observed in Employee Dismissal Renders the Employer Liable for Nominal Damages (Part 2)

Procedural due process is an important requirement in employee dismissal. While under the prevailing doctrine the absence or defect thereof will not render the dismissal illegal, it can establish employer’s liability for indemnity in the form of nominal damages. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. …Continuation (2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (a) explain [...]

By Atty Elvin Labor Law procedural due process 15 Comments Read more...

06 Jun

Procedural Due Process if not Observed in Employee Dismissal Renders Employers Liable for Nominal Damages (Part I)

Procedural due process is the how in employee dismissal. This is the procedure or the steps that need to be taken to terminate employment. If the employer disregards this process he can be held liable for nominal damages and to a certain extend it can even be deemed as an indicium of bad faith. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 53-54). As opposed to substantive, procedural due process refers to the [...]

By Atty Elvin Labor Law procedural due process 17 Comments Read more...